Member Hold Harmless. Notwithstanding any provision in this Agreement to the contrary, in no event, including but not limited to the insolvency of a Benefit Plan, breach of the Agreement and/or non-payment for services by a Benefit Plan, shall Administrator or any Network Pharmacy ▇▇▇▇, charge, collect a deposit from, have any recourse against, or otherwise seek payment from any Member, or anyone acting on their behalf, for Covered Prescription Services, or any amounts due to Administrator from United, other than Cost-Sharing Amounts, returned checks and collection costs, and any similar fees in accordance with applicable Laws and Regulations. In addition, Members with dual eligibility for Medicare and Medicaid shall not be held liable for Medicare Part A and B cost-sharing when the applicable State is responsible for paying such amounts. Under no circumstances shall Administrator or any Network Pharmacy ▇▇▇▇ or seek compensation from or assert any legal action against such dual eligible Members or persons acting on their behalf with respect to services rendered hereunder. Administrator and/or Network Pharmacy as applicable shall accept the Benefit Plan’s payment as payment in full or ▇▇▇▇ the appropriate State pursuant to 42 CFR § 422.504(g)(1)(iii). In the event of a conflict between this hold harmless provision and any other term of this Agreement, including all integrated Exhibits, this hold harmless provision shall control. This hold harmless provision shall survive the termination of this Agreement and shall be construed for the benefit of Members. Administrator shall require, pursuant to the terms of its Network Pharmacy Agreements, each Network Pharmacy to comply with the requirements of this Section 4.7.
Appears in 3 contracts
Sources: Prescription Drug Benefit Administration Agreement, Prescription Drug Benefit Administration Agreement, Prescription Drug Benefit Administration Agreement